PHILADELPHIA - Health product retailer GNC was sued on Feb. 5 over claims one of its products was mislabeled.
Stacey Wright's lawsuit in Pennsylvania federal court against GNC alleges its ginkgo biloba product doesn't actually contain ginkgo biloba.
The suit comes after New York Attorney General Eric Schneiderman conducted DNA tests on the product, and on Feb. 3 said the tests found no ginkgo biloba in the product. The attorney general issued a cease-and-desist letter to GNC, directing the company to stop selling the product in the State of New York.
In addition to seeking class status for anyone who purchased the ginkgo biloba product since Feb. 6, 2009, the lawsuit also seeks a sub-class for all Pennsylvania citizens who purchased the product.
The lawsuit alleges GNC has only pulled the product from New York shelves, but not from other stores around the country. GNC also hasn't offered to refund purchases of the product to anyone, including in New York, it says.
The plaintiff seeks class status, more than $5 million in damages and court costs in the lawsuit.
The plaintiff is represented by Stephen DeNittis of DeNittis Osefchen, P.C., in Philadelphia.
United States District Court Eastern District of Pennsylvania case number 2:15-cv-00566
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State of New York
Albany, NY, United States
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